HomeMy WebLinkAbout158-00 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No .....................15$..-0.0................,......... Passed
AN ORDINANCE ADOPTING SECTIONS 135.20 THROUGH
135.21 AND AMENDING SECTION 135.17 OF THE DUBLIN
CODIFIED ORDINANCES REGARDING THE
DISTRIBUTION AND USE OF TOBACCO PRODUCTS BY
PERSONS UNDER THE AGE OF EIGHTEEN
WHEREAS, Council desires to prohibit the sale of tobacco products to persons under the
age of eighteen; and
WHEREAS, the U.S. Surgeon General reports that tobacco use begins early with ninety
percent of smokers beginning before the age of eighteen; and
WHEREAS, an estimated three thousand people under the age of eighteen start smoking
everyday; and
WHEREAS, an estimated three million people under the age of eighteen use tobacco
products; and
WHEREAS, an estimated nine hundred and forty seven million pacts of cigarettes are
sold annually to underage youths; and
WHEREAS, Council believes that stricter Ordinances regulating the sale, use, and
possession of cigarettes and other tobacco products by minors will have a significant
impact on the number of underage people purchasing and/or using tobacco products; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, ~ of the elected members concurring as follows:
Section 1. That Sections 135.20 through 135.21 of the Dublin Codified
Ordinances regulating the use of tobacco products by persons under eighteen years of
age within the City of Dublin, be created as follows:
135.20 PURCHASE AND/OR POSSESSION OF TOBACCO PRODUCTS
BY UNDERAGE PERSONS
(A) As used in this Section:
(1) "Cigarette" and "tobacco product" have the same meanings as in
Section 135.17 of the Dublin Codified Ordinances.
(2) "Youth smoking education program" means a private or public
agency program that is related to tobacco use, prevention, and
cessation, that is carried out or funded by the tobacco use
prevention and control foundation pursuant to Section 183.07 of
the Revised Code, that utilizes educational methods focusing on
the negative health effects of smoking and using tobacco
products, and that is not more than twelve hours in duration.
(B) No child shall do any of the following unless accompanied by a parent,
spouse who is eighteen years of age or older, or legal guardian of the
child:
(1) Use, consume, or possess cigarettes, other tobacco products, or
papers used to roll cigarettes;
(2) Purchase or attempt to purchase cigarettes, other tobacco
products, or papers used to roll cigarettes;
(3) Order, pay for, or share the cost of cigarettes, other tobacco
products, or papers used to roll cigarettes;
(4) Except as provided in division (E) of this Section, accept or
receive cigarettes, other tobacco products, or papers used to roll
cigarettes.
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No 30043
Ordinance No ...............158-00 a e 2
Passed ...........................................................P...~
(4) Except as provided in division (E) of this Section, accept or
receive cigarettes, other tobacco products, or papers used to roll
cigarettes.
(C) No child shall knowingly furnish false information concerning that
child's name, age, or other identification for the purpose of obtaining
cigarettes, other tobacco products, or papers used to roll cigarettes.
(D) A juvenile court shall not adjudicate a child a delinquent or unruly child
for a violation of division (B)(1), (2), (3), or (4) or (C) of this Section.
(E) (1) It is not a violation of division (B)(4) of this Section for a child
to accept or receive cigarettes, other tobacco products, or papers used to
roll cigarettes if the child is required to do so in the performance of the
child's duties as an employee of that child's employer and the child's
acceptance or receipt of cigarettes, other tobacco products, or papers
used to roll cigarettes occurs exclusively within the scope of the child's
employment.
(2) It is not a violation of division (B)(1), (2), (3) or (4) of this
Section if the child possesses, purchases or attempts to purchase,
orders, pays for, shares the cost of, or accepts or receives cigarettes,
other tobacco products, or papers used to roll cigarettes while
participating in an inspection or compliance check conducted by a
federal, state, local, or corporate entity at a location at which cigarettes,
other tobacco products, or papers used to roll cigarettes are sold or
distributed.
135.21 PENALTY
(A) If a juvenile court finds that a child violated division (B)(1), (2), (3), or
(4) or (C) of Section 135.20 of the Dublin Codified Ordinances, the
court may do either or both of the following:
(1) Require the child to attend a youth smoking education program
or other smoking treatment program approved by the court, if
one is available;
(2) Impose a fine of not more than two hundred dollars and not
more than twenty five hours of community service;
(B) If a child disobeys a juvenile court order issued pursuant to division (A)
of this Section, the court may do any or all of the following:
(1) Increase the fine imposed upon the child under division (A)(2)
of this Section;
(2) Increase the number of community service hours fine imposed
upon the child under division (A)(2) of this Section;
(3) Suspend for a period of thirty days the temporary instruction
permit, probationary driver's license, or driver's license issued to
the child.
(C) A child alleged or found to have violated division (B) or (C) of Section
135.20 of the Dublin Codified Ordinances shall not be detained under
any provision of this Chapter or any other provision of the Dublin
Codified Ordinances or the Revised Code.
Section 2. Amending Section 135.17 of the Dublin Codified Ordinances as
follows:
135.17 ILLEGAL DISTRIBUTION OF CIGARETTES OR OTHER
TOBACCO PRODUCTS
(A) As used in this Section and Section 135.20 of the Dublin Codified
Ordinances:
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No 30043
Ordinance No ..............158-00.................................... Passed ..........................................................gage 3.....................
(3) "Distribute" means to furnish, give, or provide cigarettes, other
tobacco products, or papers used to roll cigarettes to the
ultimate consumer of the cigarettes, other tobacco products, or
papers used to roll cigarettes.
(4) "Proof of age" means a driver's license, a commercial driver's
license, a military identification card, a passport, or an
identification card issued under Sections 4507.50 to 4507.52 of
the Revised Code that shows that a person is eighteen years of
age or older.
(5) "Tobacco product" means any product that is made from
tobacco, including, but not limited to, a cigarette, a cigar, pipe
tobacco, chewing tobacco, or snuff.
(6) "Vending machine" has the same meaning as "coin machine" in
Section 131.01 of the Dublin Codified Ordinances.
(B) No manufacturer, producer, distributor, wholesaler, or retailer of
cigarettes, other tobacco products, or papers used to roll cigarettes, no
agent, employee, or representative of a manufacturer, producer,
distributor, wholesaler, or retailer of cigarettes, other tobacco products,
or papers used to roll cigarettes, and no other person shall do any of the
following:
(1) Give, sell, or otherwise distribute cigarettes, other tobacco
products, or papers used to roll cigarettes to any child;
(2) Give away, sell, or distribute cigarettes, other tobacco products,
or papers used to roll cigarettes in any place that does not have
posted in a conspicuous place a sign stating that giving, selling,
or otherwise distributing cigarettes, other tobacco products, or
papers used to roll cigarettes to a person under eighteen years of
age is prohibited bylaw;
(3) Knowingly furnish any false information regarding the name,
age, or other identification of any child with purpose to obtain
cigarettes, other tobacco products, or papers used to roll
cigarettes for that child.
(C) No person shall sell or offer to sell cigarettes or other tobacco products
by or from a vending machine, except in the following locations:
(1) An area within a factory, business, office, or other place not
open to the general public;
(2) An area to which children are not generally permitted access;
(3) Any other place not identified in division (C)(1) or (2) of this
Section, upon all of the following conditions:
(a) The vending machine is located within the immediate
vicinity, plain view, and control of the person who owns
or operates the place, or an employee of that person, so
that all cigarettes and other tobacco product purchases
from the vending machine will be readily observed by
the person who owns or operates the place or an
employee of that person. For the purpose of this Section,
a vending machine located in any unmonitored area,
including an unmonitored coatroom, restroom, hallway,
or outer waiting area, shall not be considered located
within the immediate vicinity, plain view, and control of
the person who owns or operates the place, or an
employee of that person.
(b) The vending machine is inaccessible to the public when
the place is closed.
(D) The following is an affirmative defense to a charge under division
(B)(1) of this Section:
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No 30043
Ordinance No .............158-00......................_.......... Passed ......_..........................................._._..P..age 4.....................
(1) The person who gave, sold, or distributed cigarettes, other
tobacco products, or papers used to roll cigarettes to a child
under division (B)(1) of this Section is a parent, spouse who is
eighteen years of age or older, or legal guardian of the child.
(E)(1) Whoever violates division (B)(1) or (2) or (C) of this Section is guilty
of illegal distribution of cigarettes or other tobacco products, a
misdemeanor of the fourth degree. If the offender previously has been
convicted of a violation of division (B)(1) or (2) or (C) of this Section,
illegal distribution of cigarettes or other tobacco products is a
misdemeanor of the third degree.
(2) Whoever violates division (B)(3) of this Section is guilty of permitting
children to use cigarettes or other tobacco products, a misdemeanor of
the fourth degree. If the offender previously has been convicted of a
violation of division (B)(3) of this Section, permitting children to use
cigarettes or other tobacco products is a misdemeanor of the third
degree.
(F) Any cigarettes, other tobacco products, or papers used to roll cigarettes
that are given, sold, or otherwise distributed to a child in violation of
this Section and that are used, possessed, purchased, or received by a
child in violation of Section 135.20 of the Dublin Codified Ordinances
are subject to seizure and forfeiture as contraband under Sections
2933.42 and 2933.43 of the Revised Code.
Section 3. This Ordinance shall take effect and be in force from and after the earliest
date permitted bylaw.
i..
Passed this the ~ day of >~fit,_~ , 2000.
ayor -Presiding Officer
ATTEST:
Clerk of Council
ir..,
I hereby certify that copies of thy: Ordinance/Resolution were posted in the
City of Dublin in accordance w~t`~ Set~~on 731.25 of the Olio Revised Cody,
.
ap.pf
; t rk of Council, Dublin, Ohio
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